Stable Union and Property Regime

Introduction

The property regime in a stable union governs the management of assets acquired by the couple during their relationship. Unlike marriage, where spouses choose the property regime beforehand, in a stable union, the default regime applied is partial community property, unless otherwise specified.

Applicable Property Regime

According to Article 1.725 of the Brazilian Civil Code, unless otherwise stipulated in a cohabitation agreement, a stable union follows the partial community property regime. Under this regime, assets acquired during the union are considered jointly owned by the couple, while assets owned before the relationship remain the individual property of each partner.

If the partners wish to establish a different property regime, such as total separation of assets or universal community property, they must formalize this choice through a cohabitation agreement registered with a notary.

Conclusion

The property regime directly impacts the couple’s financial affairs, affecting asset management and inheritance rights. It is essential for partners to understand the legal consequences of the chosen regime and, if necessary, formalize their intentions through a specific contract.

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